Amendment AA2-AB10

LRBa0452/2

BF:skg:km

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 2, To 1995 ASSEMBLY BILL 10

March 7, 1995 - Offered by Representatives Huber and Murat.

AB10-AA2,1,1 At the locations indicated, amend the bill as follows:

AB10-AA2,1,2 1. Page 2, line 1: before that line insert:

AB10-AA2,1,3 " Section 1c. 48.245 (2g) of the statutes is created to read:

AB10-AA2,1,9 48.245 (2g) If the informal disposition is based on an allegation that the child violated s. 943.017 and the child has attained 12 years of age, the informal disposition shall require that the child participate for not less than 10 hours nor more than 100 hours in a supervised work program under s. 48.34 (9) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the child is 12 or 13 years of age the maximum number of hours is 40.

AB10-AA2, s. 1e Section 1e. 48.32 (1x) of the statutes is created to read:

AB10-AA2,2,2 48.32 (1x) If the petition alleges that the child violated s. 943.017 and the child has attained 12 years of age, the judge or juvenile court commissioner shall require, as a condition of the consent decree, that the child participate for not less than 10 hours nor more than 100 hours in a supervised work program under s. 48.34 (9) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the child is 12 or 13 years of age the maximum number of hours is 40.

AB10-AA2, s. 1g Section 1g. 48.34 (intro.) of the statutes is amended to read:

AB10-AA2,2,9 48.34 Disposition of child adjudged delinquent. (intro.) If the judge adjudges a child delinquent, he or she shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan. Subsections (4m) and (8) are exclusive dispositions, except that either disposition may be combined with the disposition under sub. (4p), (5), (7m), (7t) or (15). The dispositions under this section are:

AB10-AA2, s. 1r Section 1r. 48.34 (7t) of the statutes is created to read:

AB10-AA2,2,15 48.34 (7t) If the child is adjudicated delinquent under a violation of s. 943.017, the court shall require that the child participate for not less than 10 hours nor more than 100 hours in a supervised work program under sub. (9) or perform not less than 10 hours nor more than 100 hours of other community service work, except that if the child is 12 or 13 years of age the maximum number of hours is 40.

AB10-AA2, s. 1t Section 1t. 102.07 (13) of the statutes is amended to read:

AB10-AA2,2,21 102.07 (13) A child performing uncompensated community service work as a result of an informal disposition under s. 48.245, a consent decree under s. 48.32 or an order under s. 48.34 (7t) or (9) is an employe of the county in which the court ordering the community service work is located. No compensation may be paid to that employe for temporary disability during the healing period.".

AB10-AA2,2,22 2. Page 2, line 1: delete " Section 1." and substitute "Section 1x.".

AB10-AA2,2,23 3. Page 4, line 11: after that line insert:

AB10-AA2,3,5 "(d) If the defendant is not placed on probation, the court shall specify in its order under this subsection the method of monitoring the defendant's compliance with this subsection and the deadline for completing the work that is ordered. The court shall inform the defendant of the potential penalties for noncompliance that would apply under s. 973.07.".

AB10-AA2,3,6 4. Page 4, line 19: after that line insert:

AB10-AA2,3,7 " Section 4m. 973.07 of the statutes is amended to read:

AB10-AA2,4,3 973.07 (title) Failure to pay fine or costs or to comply with certain community service work. If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged , or the community service work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.".

AB10-AA2,4,4 (End)